State v Ram [2007] FJHC 88; HAM 009.2007 (24 December 2007)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No : HAM 009 of 2007

BETWEEN:

THE STATE
Applicant

AND:

ASISH AMIT RAM
Respondent

Hearing: 21st December 2007
Ruling: 24th December 2007

Counsel: Ms N. Tikoisuva for the State
No Appearance for the Respondent

RULING

The Director of Public Prosecutions applies for enlargement of time to appeal pursuant to Section 310(1) of the Criminal Procedure Code.

The Respondent was served with a copy of the papers but chose not to attend the hearing of the application. He was charged with the offence of fraudulent falsification of accounts. The State alleged that between the 5th and the 8th of October 2004 at Labasa, as servant of Inner Tech. Electrical Refrigeration and Hardware, he willfully and with intent to defraud, falsified the cash sales book of his employer. On the 24th of October 2007, he was acquitted of the charge. The DPP’s Office received the petition of appeal on the 26th of November, when the appeal period had expired by three days. This application was filed only two days later.

The petition of appeal sets out one ground of appeal that the learned Magistrate erred when he failed to properly consider the prosecution evidence. Such a broad ground fails to particularize the case of complaint and is unhelpful to both the court and the Respondent. It is hoped that the Director will expeditiously filed an amended petition with more detailed grounds of appeal.

The reasons given for the late appeal are satisfactory. The appeal could not be lodged without the Director’s sanction and the documents had to be sent to and from Labasa. The delay is only of one week and is understandable in the circumstances. I accept that there is good cause for the lapse of the appeal period and I grant leave to file the appeal. The hearing date will be set on receipt of the court record.

Nazhat Shameem
JUDGE

At Labasa
24th December 2007